Seybold Report ISSN: 1533-9211

Abstract

THE EXTEND OF THE IMMUNITY’S INFLUENCE OF THE DIPLOMATIC ENVOY ON CRIMINAL RESPONSIBILITY


Dr. Feras Najeh Jaber Aldairi


Vol 18, No 6 ( 2023 )   |  Licensing: CC 4.0   |   Pg no: 220-236   |   Published on: 24-06-2023



Abstract
Equality before the law is one of the cornerstones of modern country, in particular within the scope of the penal code, as the penal code doesn’t grant immunity to the criminals in terms of committed crimes, because the murder is murder, but who have an immunity takes it from his work, his position, or his capacity, which would limit the powers of criminal justice to take its normal course, in this sense, the diplomatic immunity for the diplomatic envoy constitutes an attack on in this principle, therefore, it constitutes an obstacle to the application of the law naturally, and this impunity was at sometimes a reason for the diplomatic envoy to evade criminal prosecution in the event that he committed a crime or contributed to its commission or abuse of his immunity, and this diplomatic immunity has a legal basis as it was organized by international conventions, the most important of which is Vienna Convention on Diplomatic Relations 1961 which addressed in its articles the issue of diplomatic immunity impact on the criminal responsibility of the diplomat, subject of our study.


Keywords:
Diplomacy, Diplomatic Envoy, Immunity, Criminal Immunity, Judicial immunity.



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